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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Rashid v. Asian Community Care Services Ltd [1999] UKEAT 480_99_2107 (21 July 1999) URL: https://www.bailii.org/uk/cases/UKEAT/1999/480_99_2107.html Cite as: [1999] UKEAT 480_99_2107 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MRS J M MATTHIAS
MR A D TUFFIN CBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MR JACOB DEAN (of Counsel) Ms H Patel Law for All Southall Law Shop 37 Hunt Road Southall Middx UB2 4QB |
JUDGE CLARK: The Appellant, Mrs Rashid, commenced employment with the Respondent on 17 March 1997. On 21 March the parties entered into a contract of employment expressed to be for a period of three months, terminable on 1 weeks notice on either side.
"Unfortunately we will not be renewing your contract."
On 25 September 1998 she presented a complaint of unlawful sex discrimination to the Employment Tribunal.
(1) that the contract ended by the Appellant's repudiation on 21 May 1998, the day after her maternity leave expired,
(2) there was no dismissal by the Respondent. Therefore there was no dismissal by reason of pregnancy. The Appellant had failed to show less favourable treatment on the grounds of her sex. The complaint was dismissed.
(3) in any event, since the effective date of termination of the contract was 21 May 1998, the complaint was out of time.
(1) was the Tribunal wrong to find that the contract was terminated by the Appellant on 21 May, rather than by dismissal by the Respondent on 10 July 1998.
(2) if she was dismissed on 10 July, then
(a) the claim was presented within time and
(b) was that dismissal discriminatory on the grounds of her sex? Some assistance on this question may be gained from Halfpenny v IGE Medical Systems Ltd [1999] IRLR 177 per Ward LJ paragraphs 35-41.